Catastrophic Accident Response

BakerHostetler’s Catastrophic Accident Response team is a one-stop shop composed of nationally recognized attorneys with unparalleled experience in responding to catastrophic events by simultaneously providing strategic advice to executive teams at corporate headquarters and boots-on-the-ground tactical response support to environmental, health and safety (EH&S), and operational personnel on-site where accidents occur. We seamlessly combine the skills of dozens of attorneys greatly experienced in the various nuances of catastrophic accident litigation, safety, environmental and toxic torts, government investigations, white collar matters, labor and employment, insurance, advertising, federal policy, and, in the most extreme cases, bankruptcy. Our team is intentionally staffed with attorneys across the country ready to respond at any time of the day or night following serious industrial and energy accidents, explosions, major fires, chemical spills or releases into the environment, and fatalities and serious injuries.

Crisis response differs from most legal matters, even bet-the-company issues, in a distinctive way that demands experience, not boilerplate checklists. There is simply no time during a catastrophic accident response to wait or see how things play out. If your company is not prepared to preemptively address enforcement agency engagement, media issues, employee needs, customer concerns, evidence preservation and plaintiff litigation demands, then your catastrophic accident response team is not fulfilling the legal and business reputation protection you need.

One key differentiator is our experience. Few firms have been called upon more frequently than our lawyers to assist clients in their time of crisis and need. We appreciate the trust that clients place in us, and we assist clients by drawing on our deep government experience and established relationships with enforcement agencies, including the Department of Justice (DOJ), Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), Department of Transportation, Chemical Safety Board, National Transportation Safety Board (NTSB), Bureau of Alcohol, Tobacco, and Firearms (ATF), Bureau of Safety and Environmental Enforcement (BSEE), and numerous state and county regulatory enforcement agencies.

Defended a chemical company in a case arising from the explosion of a chemical plant, with a certified class of over 10,000 neighboring residents alleging personal injury, property damage, real property diminution in value and evacuation claims.
Representing an Oregon-based company in investigations and litigation related to a mill fire that resulted in the evacuation of thousands of people, multiple injuries and deaths, and the destruction of more than 100 structures.
Represented clients in more than 40 catastrophic incidents involving fatalities in Texas. Currently representing a client on one of the largest ranches in Texas to pursue claims against an electric utility for property damage relating to wildfires.
Representing clients in responding to onshore and offshore releases of oil, including vessel owners in criminal and civil matters, asserting and defending claims under the Oil Pollution Act of 1990 and for natural resource damages.
Represented a client in response to an East Palestine, Ohio, train derailment, including response to the scene, representing the client in investigations by the EPA, DOJ and other government agencies, and representing the client in subsequent litigation.
Represented a global engineering company in an indemnity case arising from the explosion of a food manufacturing plant in Garner, North Carolina. Following a four-week jury trial, the jury returned a verdict of $108.9 million in favor of our client. This verdict was recognized by the National Law Journal as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report.
Representing a corporate client in a wildfire investigation, including response to the fire scene, coordination of investigation and third-party inspections, and representation in the investigation by the attorney general’s office.
Representing a global energy company in recovery of damage to property and loss of revenue because of wildfire events.
Representing an energy company in connection with investigations relating to power outages during severe winter storms.
Representing an energy company in connection with incident response and investigations following turbine failures and explosions.
Defended a handheld outdoor power tool manufacturer in prominent wildfire litigation.
Provided oversight of pipeline spill response actions in connection with releases from an underground 12-inch jet fuel pipeline in the Florida Keys and from a train derailment in Upstate New York that struck two aboveground 12-inch jet fuel pipelines.
Representing a manufacturer being investigated for allegedly causing a fire that resulted in deaths and the destruction of more than 1,000 properties.
Represented a pressure control system manufacturer after a well blowout that killed two members of the rig crew, injured two others and destroyed the workover rig.
Led investigation and served as trial counsel for a drilling company after a fatal oil well blowout and fire. Handled investigations by the Chemical Safety Board, OSHA and EPA and successfully defended against numerous lawsuits involving personal injury and wrongful death claims, including obtaining a trial verdict rendering a complete win for the client with the well-control citation being fully vacated.
Led a company’s response to the government’s threatened action to shut down a petroleum refinery over alleged unpermitted discharges into a major East Coast city’s sewer system.
Managed all environmental investigations and litigation matters related to a chemical plant explosion in Belpre, Ohio, that killed three workers, destroyed several 1 million-gallon storage tanks and reportedly contaminated the nearby Ohio River. The court denied a motion for class certification, and the plant was rebuilt without any legal or regulatory delays.
Defended clients in the seismic industry against a variety of claims, including those arising from an incident that ultimately resulted in the loss of life of crew members following a forced evacuation from a lifeboat during a tropical storm. BakerHostetler was called as the incident was occurring and immediately tasked an investigation team to the site, in another country, and gathered and preserved evidence. We also managed press coverage and disclosures to shareholders during this unfortunate event. Ultimately, the team was able to reach a resolution to all claims well under what was expected or that could have been achieved at trial.
Represented a client in Hawaii in connection with a DOJ investigation following a molasses spill from a container ship in Honolulu Harbor.
Represented a client in an EPA and DOJ criminal investigation following a wastewater spill from a waste storage facility because of a failure of a water diversion system during a 100-year storm.
Represented employees of an oil pipeline company in connection with state and federal investigations following a failure of the pipeline leading to a release of oil into the Pacific Ocean.
Representing former and current employees in a criminal investigation into a liquid nitrogen leak that caused an explosion at a poultry plant in Georgia.
Defended an oil company in a class action brought by residents based on an explosion of a thermoplastic elastomers reactor and the resulting fires and evacuation of the surrounding community. We managed all environmental investigations and litigation matters.
Led a company’s response to Pennsylvania’s strike force fast reaction team to air hazardous waste emissions at a major cement plant, including investigation into and litigation over the state’s suspension of the company’s air permits.
Obtained a defense verdict on behalf of an international chemical manufacturer in a premises liability case arising out of an explosion at the company’s plant located in the Gulf Coast area.
Served as trial counsel for a hydraulic hose manufacturer in a burn fatality case in which the plaintiffs sought $20 million. The case involved a catastrophic explosion at a steel mill, with allegations of design and manufacturing defects as well as negligent manufacturing and breach of warranty. A take-nothing judgment was entered against the plaintiffs after a two-week jury trial.
Representing a client in an investigation related to an ammonia leak from a rail car including response to the scene, coordination of the investigation and containment of the leak, and representation in the investigation by various governmental agencies.
Represented a client in an OSHA investigation involving a fatality at a recycling plant. Our team arrived at the client’s facility within hours of the accident and managed witness interviews, inspection and document production. After the issuance of a citation, we successfully negotiated with OSHA to reduce the number of citations and penalties.
Represented the charterer of a tanker involved in an oil spill, including handling emergency response services and representing the client in all spill-related litigation.
Represented a major drilling contractor against claims of wrongful death involving a rig hand being severed by a drilling line. After obtaining a transfer of venue and taking the depositions of key witnesses, a summary judgment was filed as to liability. After oral arguments, summary judgment was granted in favor of the client, a decision that was affirmed on appeal.
Representing oil field service providers in a variety of catastrophic events such as blowouts, mechanical failures and electrocutions throughout the U.S.